Madras High CourtCMP(MD)/7540/2021dismissed

D.R.Benefit Fund Limited v. Thoohukudi Arulmigu Karpaga Vinayagar Trust

2022-06-24Honourable Mr Justice P. Velmurugan2 pages

CMP(MD) No.7540 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Fourth day of June Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CMP(MD) No.7540 of 2021 IN AS(MD) No.171 of 2013 D.R.BENEFIT FUND LIMITED, THORUGH ITS DIRECTOR RAJAPPA ... PETITIONER/1st RESPONDENT Vs

1. THOOHUKUDI ARULMIGU KARPAGA VINAYAGAR TRUST, REGD.NO.58/1990, THROUGH ITS SECRETARY, PROF.KARUNAKARAN ... 1st RESPONDENT/APELLANT

2. THOOTHUKUDI GOVERNMENT CO-OPERATIVE BUILDING SOCIETY, REGD.NO.EE31, THROUGH ITS SECRETARY, 22B, MASILAMANIPURAM 3RD STREET, TUTICORIN-8.

... 2nd RESPONDENT/2nd RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to return the original Sale Deeds marked as Exhibits A3 and A4, to the petitioner herein, by substituting the same with its certified copies.

PRAYER IN AS(MD) No.171 of 2013 :

Pleased to set aside the judgment and decree of the Principal District Court, Tuticorin in O.S.No.8/2011 dated 26.02.2013 and allow the appeal with costs.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.S. KADARKARAI, Advocate for the petitioner, the court made the following order:- This Civil Miscellaneous Petition is filed to return the original sale deeds marked as Exs.A.3 and A.4 to the petitioner by substituting the same with its certified copies. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.7540 of 2021

2. The petitioner has not shown any urgency of getting the original sale deeds. The main appeal is pending from the year 2013. Therefore, this Court is inclined to take up the main appeal for hearing, instead of issuing sale deeds. At this juncture, it is not necessary to hear this petition. Accordingly, this Civil Miscellaneous Petition is dismissed as not necessary. sd/- 24/06/2022 / TRUE COPY / 27/06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL DISTRICT JUDGE, TUTICORIN.

ORDER

IN CMP(MD) No.7540 of 2021 IN AS(MD) No.171 of 2013 Date :24/06/2022 USK/PN/SAR-II/27.06.2022/2P/2C https://hcservices.ecourts.gov.in/hcservices/ 2/2